What evidence or proof you have on record that someone (Name/designation/dept/Name of company/address) has stated that relieving letter shall not be issued to you since you have violated some of their terms and conditions by joining a company which as per their claim is/was/has been their client………..???????
Employee should always record such transactions (audio/visual) and keep witness…!!!!
Such evidence can help the employee at appropriate time in appropriate forum.
Or the company/employer and its line managers/HR personnel shall continue to remain comfortably in their offices and employee will be left to lurch………………. And suffer from burden of litigation.
Service conditions are stated in standing orders of the company, appointment letter/ contract of employment, statue………………
If company has claimed it has its service rules then such rules and policies should be circulated to employee and kept in knowledge domain of the employee………………
Gossip and rumor can not be rules.
Employer and its HR personnel should not behave like street magicians and produce things from thin air.
If the company wishes to deny anything it should state so in writing and supply the written communication by effective modes of communication: redg. post.
Relieving letter signifies nothing is due against employee. If you have tendered resignation, handed over charge, company property, and resignation has been accepted, nothing should be due at your end.
Did you sign any service agreement to serve the company for some period? If yes and if you have signed any clause or agreement for Non Compete, it may hold for the period of service agreement.
If you have not signed acceptance of any Non Compete Clause/agreement it can not be enforced upon you.
If there is a Non Compete Clause/agreement signed by you but no service agreement signed by you it can not be held after the termination of employment.
“Indian courts have consistently refused to enforce post-termination non-compete clauses in employment contracts, viewing them as "restraint of trade" impermissible under Section 27 of the Indian Contract Act, 1872, and as void and against public policy because of their potential to deprive an individual of his or her fundamental right to earn a livelihood.”
If the company/employer and its line managers/HR personnel are falsifying the record by making false statements and you are being deprived of clean relieving and your false, concocted, fabricated notings/statements/documents are being inserted into your service card, personnel file with malafide intentions to post adverse comments against you then you can proceed against your company, employer and its line managers/HR personnel………………..
Your lawyer may opine that you can charge them by name.
The lawyer that has seen all of your documents and has analyzed your inputs in person can advice you best.
Approach a lawyer specializing in labor/service and such matters, with elders in the family.
On the other hand the current employer (claimed as competitor by previous employer) shall be benefited by your presence and should support and co operate with you.
In place of relieving letter you may provide acceptance of resignation and affirm that you are not employed elsewhere, in writing.
Let your lawyer’s opinion be final.
In the meantime you may find the attachments relevant.
